Many people come to see a family lawyer saying, why bother with a consent order to tie up the money and finances in divorce, when we can just knock it out over the kitchen table? i.e. a DIY agreement…
Well, here’s why they may not work:
- Many couples have a an imbalance of power in the dynamic between the people involved. The weaker party is likely to agree something disadvantageous to them, just for a quiet life. A matrimonial financial settlement should be fair.
- If there is not a genuine understanding of the assets, income, debts and liabilities of each party , then any agreement reached is really a stab in the dark.
- If an agreement has been legally advised upon then it is tricky for any party to welch on the deal at a later date. Having legal advice on both sides gives a presumption of going into the agreement with your eyes open.
- DIY agreements often forget essential factors like what happens to the pensions, or how will the person with care of the children manage after the kids have flown the nest, or how do both parties get back on the housing ladder.
- Often DIY agreements are ambiguous;- it could mean this, or it could mean that. Legally drafted orders are precise, not vague.
Legal agreements to settle finances are called Consent Orders. The court seal them and they are scrutinised by a Judge. However you can negotiate the ins and outs of a Consent Order using mediation, collaborative law or solicitor’s letters. The reality is they provide the best protection against someone coming back for more at a later date… and that is sure to help you sleep at night….
If you need further help why not look at other bits of our website , especially our fixed fee section? We offer a range of fixed fees and Pay as You Go options.
